From the Offices of Lesley Ellen Harris

Those of you who follow this blog will know that I occasionaly post Lesley Harris’s excellent Newsletter The Copyright & News Media Law Newsletter, (latest issue posted below with permission) where she covers a wide range of topics from copyright and licensing to jobs for librarians. Although the Newsletter is by itself an ambitious undertaking, Leslie has now outdone herself by also launching a new blog, Copyrightlaws.com which, as you might expect, is about “copyright, licensing and digital property”. I have been following the blog since she launched it a few months ago: it is a nice complement to her newsletter. I especially like the Questions and Answers feature. You can see the blog at http://copyrightlaws.com.

Copyright, New Media & E-Commerce News is distributed for free by the office
of Lesley Ellen Harris. Information contained herein should not be relied upon or
considered as legal advice. Copyright 2010 Lesley Ellen Harris. This e-letter may
be forwarded, downloaded or reproduced for non-commercial purposes provided
that you cc: lehletter@copyrightlaws.com.

This e-letter, from 1996 to the present, is archived with Library & Archives
Canada at http://epe.lac-bac.gc.ca/100/201/300/copyright/.
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VERNOR V. AUTODESK DECISION OVERTURNED – The U.S. Court of
Appeals for the Ninth Circuit has strengthened the position of copyright owners
who license their works that are in turn sold to others. The Ninth Circuit
concluded in Vernor v. Autodesk that an agreement is a license (and not an
assignment) where the copyright owner specified that the user is granted a license,
significantly restricts the user’s ability to transfer the work, and imposes notable
use restrictions. See http://caselaw.findlaw.com/summary/opinion/us-9th-
circuit/2010/09/10/251923.html.

GEORGIA STATE UNIVERSITY UPDATE – Judge Orinda Evans of the
Federal District Court (Atlanta) has ruled on the cross motions for summary
judgment in the infringement lawsuit by three publishers against Georgia State
University. The case centers on the use of course readings for students via e-
reserves and the campus course management system. See judgment at
http://docs.justia.com/cases/federal/districtcourts/georgia/gandce/1:2008cv01425/
150651/235/.

BEATLES V. BEATLES LAWSUIT – The Nevada-based Fab Four is suing
another Beatles tribute band, The Fab 4 of Colorado. The Nevada group is
claiming that the defendants are trading on their reputation and success and are
asking the court to stop the Fab 4 from using any trademark that sounds like “Fab
Four” and is also seeking monetary damages.
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WRITE YOUR OWN COPYRIGHT POLICY – October 18, 2010 is the start date
for the online course, Developing A Copyright Policy. This is an assignment-
based course in which participants draft a copyright compliance policy/guidelines.
Register at www.acteva.com/go/copyright.

WEBINAR FOR LIBRARIANS, PUBLISHERS AND VENDORS – November
9, 2010 is a free webinar on How Copyright Affects Librarians, Publishers and
Vendors. Register athttp://www.sla.org/content/learn/certificates/copyright/copyrightprogram/CCMOp
enHouse.cfm. This is the prelude to the 7-course certificate in copyright
management offered by SLA and Copyrightlaws.com.
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This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris. Lesley is
the author of the books Canadian Copyright Law, 3rd ed. (McGraw-Hill), Digital
Property: Currency of the 21st Century (McGraw-Hill), Licensing Digital Content:
A Practical Guide for Librarians, 2nd ed. (ALA Editions), and A Canadian
Museum’s Guide to Developing a Licensing Strategy (Canadian Heritage
Information Network). Lesley edits the print newsletter, The Copyright & New
Media Law Newsletter. Lesley may be reached at www.copyrightlaws.com.
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If you are looking for further topical and practical information about copyright
law, obtain a sample copy of the quarterly print or PDF newsletter, The Copyright
& New Media Law Newsletter, from editor@copyrightlaws.com.